Status: Point in time view as at 22/07/2004. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Films Act 1985. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) Films Act 1985 1985 CHAPTER 21 An Act to repeal the Films Acts 1960 to 1980; to make further provision with respect to the financing of films; and for connected purposes. [23rd May 1985] Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:— Commencement Information I1 Act partly in force at Royal Assent; wholly in force at 23.7.1985, see s. 8(2) 1 Repeal of Films Acts 1960 to 1980 and abolition of Cinematograph Films Council. F1(1) . F2(2) . (3) Where anything purporting to have been done by or in relation to that Council was done before the passing of this Act at a time when the Council was constituted otherwise than as required by law it shall be treated as not having been rendered invalid by reason of the Council’s having been so constituted. Textual Amendments F1 S. 1(1) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 5, Group 19 F2 S. 1(2) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 5, Group 19 F32 . 2 Films Act 1985 (c. 21) Document Generated: 2021-07-28 Status: Point in time view as at 22/07/2004. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Films Act 1985. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) Textual Amendments F3 S. 2 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.IX. 3 Dissolution of National Film Finance Corporation. F4(1) . (2) Where in consequence of an order under the said paragraph 8 (whether made by virtue of subsection (1) or not)— (a) any property or right of the Corporation becomes vested in the Secretary of State; or (b) any amount is received by the Secretary of State in respect of any such property or right, the Secretary of State shall deal with that property, right or amount in such manner as he thinks fit for any purpose connected with the British film industry. F5(3) . (4) The Secretary of State may, in the case of any right to which this subsection applies, arrange for the right to be transferred, on such conditions as he thinks fit, to any British company or partnership in whose case he is satisfied as to the following matters, namely— (a) that the company or partnership will use its best endeavours to encourage the production of relevant films on a commercially successful basis; and (b) that it is willing and able to make financial facilities available to persons who wish to arrange for the production of relevant films; and, subject to any such conditions, the company or partnership may dispose of the right (whether wholly or to any lesser extent) and retain any sums accruing therefrom. (5) Subsection (4) applies to— (a) any copyright or share of a copyright or any licence granted under a copyright; (b) any right in, or relating to the exploitation of, a film and not within paragraph (a). F5(6) . (7) In this section— “British company” means a company incorporated under the laws of Great Britain, being a company— (i) over which a Commonwealth citizen has control, or two or more Commonweath citizens are together in a position to exercise control, or (ii) over which a company which is a British company by virtue of the preceding provisions of this definition has control, or two or more such companies or such a company and a Commonwealth citizen are together in a position to exercise control; “British partnership” means a limited partnership formed in accordance with the M1Limited Partnerships Act 1907 in which the general partner within the meaning of that Act, or (as the case may be) each of the general partners, is a British company; Films Act 1985 (c. 21) 3 Document Generated: 2021-07-28 Status: Point in time view as at 22/07/2004. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Films Act 1985. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) “control”, in relation to a company, means the power of a person or combination of persons to secure— (i) by means of the holding of shares or the possession of voting power in or in relation to that company or any other body corporate, or (ii) by virtue of any powers conferred by the articles of association or other document regulating that company or any other body corporate, that the affairs of the company are conducted in accordance with the wishes of that person or those persons; “relevant film” means a film which is intended to satisfy (whether wholly or to a substantial extent) the conditions that must be satisfied under Schedule 1 to this Act for a film to be a British film for the purposes of that Schedule. F5(8) . Textual Amendments F4 S. 3(1) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 5, Group 19 F5 S. 3(3),(6) and (8) repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.IX. Modifications etc. (not altering text) C1 S. 3(7) amended (27.8.1999) by S.I. 1999/2386, art. 1(3) S. 3(7) modified (10.3.2000) by S.I. 2000/756, art. 1(2) Marginal Citations M1 1907 c. 24. F64 . Textual Amendments F6 S. 4 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.IX. 5 Financial assistance by Secretary of State in connection with the production of films. (1) The Secretary of State with the consent of the Treasury may F7. give financial assistance— (a) to any British company or partnership, being a company or partnership in whose case he is satisfied as to the matters mentioned in paragraphs (a) and (b) of section 3(4), for any purpose connected with the production of relevant films; (b) to any person— (i) for the purpose of enabling projects to be prepared, or other preliminary work to be undertaken or steps taken, with a view to the production of relevant films; or (ii) for any purpose connected with the production of short films. 4 Films Act 1985 (c. 21) Document Generated: 2021-07-28 Status: Point in time view as at 22/07/2004. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Films Act 1985. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) In this subsection “British company”, “British partnership” and “relevant film” have the meaning given by section 3(7), and “short film” means a relevant film with a total playing time of less than 35 minutes. (2) Assistance under subsection (1) may be given by way of a grant or loan or in the form of a guarantee or otherwise; and in giving assistance under that subsection the Secretary of State may impose such conditions as he thinks fit, including conditions requiring a grant to be repaid in specified circumstances. (3) The Secretary of State may appoint a person to make recommendations and provide other services in connection with the discharge by the Secretary of State of his functions under subsection (1)(b). (4) Any sums required by the Secretary of State for making payments under subsection (1), or for meeting any expenses of any person appointed under subsection (3), shall be paid out of money provided by Parliament; and any sums received by the Secretary of State by virtue of this section shall be paid into the Consolidated Fund. Textual Amendments F7 Words in s. 5(1) repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.IX. 6 Certification of master negatives, tapes and discs for purposes of section 72 of Finance Act 1982. (1) Schedule 1 to this Act shall have effect with respect to the certification by the Secretary of State of a master negative, tape or disc of a film as a qualifying film, tape or disc for the purposes of [F8section 40D of the Finance (No. 2) Act 1992 (election relating to tax treatment of films expenditure)]. (2) . F9 Subordinate Legislation Made P1 S. 6: for previous exercises of this power see Index to Government Orders P2 S.6(1):s. 6(1) (with Sch. 1 para. 4(5)) power exercised by S.I. 1991/1725 Textual Amendments F8 Words in s. 6(1) substituted (22.3.2001 with effect as mentioned in s. 579(1)(3) of the amending Act) by 2001 c. 2, s. 578, Sch. 2 para. 8 F9 S. 6(2) repealed by Capital Allowances Act 1990 (c. 1, SIF 63:1), ss.